N.J. Admin. Code § 18:35-7.9

Current through Register Vol. 56, No. 11, June 3, 2024

Section 18:35-7.9 - Information of employer withholding from new employees

(a) The New Jersey Economic Development Authority shall submit data to the Director of the Division of Taxation no later than April 1 of each year, for the preceding grant year, setting forth information regarding businesses applying for a grant under either the Business Employment Incentive Program Act or the Business Relocation Assistance Act (both referred to as "Act"). This information shall set forth the following relative to said business.

1. A list of the names, job titles and job locations of existing employees of said business not subject to a grant under the Act;

2. A list of the names and date hired and/or the date each new employee began employment at the project of said business in an eligible position for grant purposes under the Act, their base salary, overtime and bonuses paid, and the amount of New Jersey gross income tax withheld from each new employee and their city and state of residence;

3. The aggregate amount of payroll and withholdings for all employees in New Jersey;

4. The percentage and term of any grant pursuant to the Business Employment Incentive Program Agreement;

5. The amount of the grant to be disbursed to the business pursuant to the Business Relocation Assistance Act requiring the Treasurer's certification and the percentage upon which the grant is based;

6. The percentage and term of the grant to be disbursed to the business pursuant to the Business Employment Incentive Program Agreement requiring the Treasurer's certification;

7. A statement as to whether the applicant business has followed the criteria as set forth in guidelines promulgated by Economic Development Authority under the Act; and

8. A list of eligible positions that have been filled by persons who are rehired from a bona fide layoff or transferred from another company.

(b) The Executive Director of the Economic Development Authority, upon receipt of the information referred to in (a) above, shall send to each business awarded a grant under the Act, a Declaration of Annual Withholding Information for Purposes of the Business Employment Incentive Program, Form NJ-9000, to be completed and returned not later than May 7 to Economic Development Authority, PO Box 990, Trenton, NJ 08625-0990.

(c) Form NJ-9000 shall consist of a certification setting forth:

1. The number of new employees, as referred to in (a)2 above, together with their city/state residence, base salary, overtime and bonuses paid to them, withholding tax paid for each new employee during the preceding grant year, and date hired or transferred. Each business shall also submit a copy of each Federal Form W-2 for all said new employees;

2. The aggregate amount of payroll and withholdings for all employees in New Jersey; and

3. The amount and type of each grant, other than a grant under the Act, that the applicant business received by operation of State law during the preceding grant year.

(d) Each business shall annually submit to the Division of Taxation a Release Authorization authorizing the Division of Taxation to review the businesses tax history to determine if the business is compliant with all applicable tax obligations.

(e) Upon receipt of Form NJ-9000 from the business, the Director shall certify to the Treasurer, who in turn will certify to the New Jersey Economic Development Authority, the aggregate amount, as set forth on Form NJ-9000, of the withholdings received in that year from the business for new employees in eligible positions under the Act and whether same equals or exceeds the amount of the proposed grant to be given to said business under the Act.

(f) The Director shall also verify to the New Jersey Economic Development Authority on an annual basis any outstanding tax liabilities and or obligations for each business awarded a grant under the Act.

(g) The issuance of the certifications by the Division as set forth in (e) above is conditional upon the receipt by the Director of proper information as set forth on Form NJ-9000.

N.J. Admin. Code § 18:35-7.9

Amended by 48 N.J.R. 295(a), effective 2/16/2016